BVC v EWF [2019] EWHC 2506 (QB) (26 September 2019)

BVC v EWF [2019] EWHC 2506 (QB) (26 September 2019)

The English court has jurisdiction to hear the claim because the claimant has a good arguable case that his centre of interests is in England, and the jurisdictional challenge has been finally determined. The defendant cannot keep the jurisdictional issue alive until trial. The claimant is entitled to summary judgment on the claim for misuse of private information and harassment, and the defendant's counterclaim is struck out.

Citation
[2019] EWHC 2506
Parties
Claimant: BVC; Defendant: EWF
Jurisdiction
England and Wales
Judgment Date
26 September 2019
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for claimant; defendant's counterclaim struck out; interim injunction continued.
Legal Topics
Misuse of Private Information, Harassment, Jurisdiction, Summary Judgment, Strike Out, Interim Injunction
Privacy Harassment Civil Procedure Misuse of Private Information Jurisdiction Summary Judgment Strike Out Interim Injunction

Case Brief

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Parties

BVC

Claimant

EWF

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the English court has jurisdiction under the Lugano Convention to hear the claim for misuse of private information and harassment against a defendant domiciled in Switzerland
  2. 2 Whether the defendant's challenge to jurisdiction can be kept alive until trial
  3. 3 Whether the claimant is entitled to summary judgment on the claim and to strike out the defendant's counterclaim

Ratio Decidendi

The English court has jurisdiction to hear the claim because the claimant has a good arguable case that his centre of interests is in England, and the jurisdictional challenge has been finally determined. The defendant cannot keep the jurisdictional issue alive until trial. The claimant is entitled to summary judgment on the claim for misuse of private information and harassment, and the defendant's counterclaim is struck out.

Court Disposition

Summary judgment granted for claimant; defendant's counterclaim struck out; interim injunction continued.

Orders

  • Defendant restrained from contacting or harassing the claimant
  • Defendant restrained from publishing the website or its contents